MOHANKUMAR AND NANJEGOWDA Vs. STATE

JUDGEMENT

(1.) The Taluka Executive Magistrate of Hassan Taluk initiated proceedings in case No. MAG. CR. 26/84-85 under Section 145 of the Code of Criminal Procedure (the Code) by passing a preliminary order dated 1-10-84 under Sub-section (1) of Section 145 directing the members of the I party (Petitioner) and the II party (Respondents 2 & 3) to appear before him either in person or by pleader on 10-10-84 at 3 p.m. and to put in written statement of their respective claims in regard to the fact of actual possession of the subject of dispute namely 'Hotel Vijaya' situated in the Old Bus Stand at Hassan. The Petitioners being aggrieved, have filed this Revision Petition challenging the validity and legality of the preliminary order and sought for setting it aside.

(2.) Sri Chandrasekharaiah, the Learned Advocate appearing for the Petitioners, raised two contentions for my consideration. They are :

(3.) Countering the arguments advanced on behalf of the Petitioners, Sri Chouta, the Learned Advocate appearing for Respondents 2 and 3 forcefully contended that the preliminary order under challenge clearly shows that the dispute between the Petitioners and the Respondents 2 and 3 was over running of Hotel Vijaya, a non-vegetarian hotel, situated in old Bus stand at Hassan and as such the dispute was concerning a land within the enlarged meaning assigned to the expression 'land' under sub-section (2) of Section 145. His next sub-mission was that the preliminary order clearly indicates that the Magistrate was satisfied from the records and the report of the police that there existed a dispute between the parties over running of Hotel Vijaya which was likely to cause a breach of the peace and when there was such material before him and from which he was so satisfied, the mere omission to state the grounds or the reasons for his satisfaction in his order, by itself would not vitiate the order passed under Section 145(1) of the Code. Thus he contended that there is absolutely no merit in the contentions urged on behalf of the Petitioners.